Jack Straw, the Justice Secretary, has been accused of “undermining public
confidence in the justice system” by refusing to say why one of the killers
of James Bulger was recalled to prison.

Almost a week after the Ministry of Justice announced that Jon Venables had breached the terms of his parole, Mr Straw finally made a parliamentary statement on the case, but said he was still unable to go into any details about what Venables had done.

Dominic Grieve, the shadow justice secretary, responded by accusing Mr Straw of making “confusing and inconsistent” comments about the case, and said public confidence could only be restored if justice was “seen to be done”.

Earlier, Mr Straw appeared to have inadvertently confirmed newspaper reports that Venables, 27, had been recalled over child pornography allegations, when he told BBC Radio 4’s Today programme that he was considering releasing more information “given that it is now out in any event”.

James Bulger’s mother Denise Fergus, who will meet Mr Straw later this week to discuss the case, said there was now “no reason” for the minister to hold back details of Venables’s recall.

She said: “He is spineless. He's been trying to cover up and hiding behind excuses. He should come out and officially name the charge against Venables and he should have done that from the start.

“There is no reason why he should not. We do not want details. We don't want to prejudice the case.

“We only want the same level of information that would be issued with any other murderer who is suspected of an offence that means he is going to be back before a court.

“I believe we have a system of open justice in this country and Jack Straw needs to be as open as possible in this case otherwise I suspect he is protecting a criminal.”

Venables and his accomplice Robert Thompson, who were both aged 10 when they abducted and murdered two-year-old James in 1993, have lived under new identities since their release in 2001, with their anonymity protected by a court injunction.

Mr Straw appeared to suggest that Venables's alleged crime was only discovered as a result of concerns about his new identity being discovered.

He revealed for the first time that in the week beginning Feb 22 Ministry of Justice officials discovered Venables’s new identity had been compromised shortly before they discovered he “may have committed a serious breach of his licence conditions”.

Venables was recalled to custody on the same day that the alleged breach was discovered.

Mr Straw said: “I have been giving further active consideration as to whether it would be appropriate to provide more information. But in the event I have concluded that this would not presently be in the interests of justice.

“It is critical that if charges do follow, it is possible to hold a fair trial – fair for the defence and fair for the prosecution.”

Mrs Fergus, whom Mr Straw referred to as “Mrs Ferguson” at one stage during his parliamentary statement, said she wanted to be present in court if Venables is charged and goes on trial for the new offence.

“I would like to see him go to court and I would like to be in the court and I would like to see him spend time in a prison,” she said.

The issue of whether Venables would appear in court under his real name or under an alias remains unresolved. Mr Straw said that only a trial judge could decide how best to ensure a fair trial while also serving the interests of open justice.

One possibility would be for Venables to appear in court under his real name, but with a judge deciding his guilt rather than a jury, in order to avoid any prejudice. Trials can be held without juries in exceptional circumstances, such as in cases where there is evidence of attempts to nobble jury members.